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(영문) 수원지방법원 2013.05.22 2012고단6196

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C is a person who is operated by a manager of a motor vehicle outside the Seoul Seocho-gu Seoul Metropolitan Government, with the trade name of "E" in the Seocho-gu Seoul Metropolitan Government D Motor Vehicle Transaction Complex D, and the defendant is a person who has been working for the motor vehicle with the H building of Seocho-gu Seoul Metropolitan Government No. 417, AH building 417.

C It is necessary to pay KRW 30 million each month with interest on financial rights, corporate bonds, lease fees, etc. on the other hand, while the maximum amount of KRW 50 million in the NAE’s account used by the vehicle dealer is imminent and the principal and interest of KRW 20 million in the bonds raised through J is urgently due to the fact that the principal and interest of KRW 20 million in the bonds raised by the vehicle dealer J is to be paid at an urgent time, the victim K, which sold the vehicle to Posor Posor Posor Posor three weeks in advance from the Defendant, was trying to sell YE 550 vehicles.

Therefore, C, through the defendant, provided the victim with a vehicle purchase fund as a security and did not pay it to the victim. The defendant asked the defendant to "I wish to use the vehicle purchase fund as a collateral for the payment of his bonds and marina loan, and the defendant asked that "I would like to pay the vehicle price immediately because I would like to use the vehicle rapidly by borrowing the vehicle purchase fund from the vehicle as a security, because I would like to transfer the vehicle to another, and I would like to change the time of the alternative seller's opening."

At the time, the Defendant was in a situation where C was unable to use the vehicle purchase fund borrowed from the financial institution as a collateral for another purpose, and C was aware that it may not pay the vehicle purchase fund properly to the victim after leaving the vehicle purchase fund borrowed from the financial institution as collateral.